Power of attorney for the right to sign documents: situations requiring the formation of a power of attorney, rules for issuing and reasons for termination

04.09.2021

A power of attorney to sign allows another person to make decisions on behalf of the person who issued the document. The range of capabilities of the trustee (depending on the current situation) may change / In this regard, the latter may be prescribed separately in the power of attorney document.

Reasons for the need for a document

The legislation of the Russian Federation determines that the following categories can act as a principal:

Legal entities (in the role of the general director or directly the founder of the company).
Individual.
Individual entrepreneurs (businessmen).

A power of attorney is required for the temporary transfer of authority, in particular on matters relating to the economic activities of the enterprise.

In some cases, such a document can be generated for an ordinary employee of the company immediately before he is sent on a business trip. Based on the duties and powers prescribed in the power of attorney, an employee can represent the interests of his company to business partners.

This document gives an ordinary employee the opportunity to sign contracts of a commercial nature, which in the future will form the basis of the entire company.

Situations requiring the formation of a power of attorney

Drawing up documentation, one way or another requiring approval by the signature of the head in his direct absence.
Obtaining a number of material assets by an ordinary employee of the enterprise.
Signing of documentation included in the general document flow of the company.

For example, scheduling tax deductions, payroll employees, financial reporting.

The maximum allowable period of validity of a power of attorney is thirty-six months. In the absence of a strictly prescribed period of validity of the document, the power of attorney will be considered valid for no more than one year from the time of its formation and approval.

Design rules

The execution of a power of attorney for the right to sign takes place in a certain form, approved by the current legislative acts.

According to the legal framework in force in Russia, both the general director of the enterprise and the authorized personnel officer of the company have the full right to draw up a power of attorney.

Each power of attorney that allows you to use the right to sign (for example, a power of attorney for the right to sign primary documents) is drawn up in a simple written form.

In the vast majority of cases, the power of attorney is certified by a notary. In this case, the power of attorney must be stamped and signed by a notary. Legislation in the Russian Federation does not require any additional procedures for confirming a power of attorney for the right to sign. Often, financial institutions can carry out notarization.

Signing of primary documentation is possible only if the following requirements are met:

Title of the document;
The presence of the date as well as the place of compilation;
A list of information about the authorized person and directly the principal himself;
The presence of a text containing data on granting the right to a trustee to sign documentation of a certain nature;
The time interval during which the power of attorney is considered valid;
The presence of the signature of the principal, as well as the seal of the organization.

The list of mandatory information about the principals and the trustee:

Registration data;
Identification code;
Full name;
Number in the Unified State Register of Legal Entities;
Place of residence (registration address).

Sample power of attorney for the right to sign documents

The document of transfer of the right to sign can be formed exclusively in the letterhead of the power of attorney for the right to sign company documents. Approval by an authorized person of the drawn up document is possible only if there is a complete and correctly drawn up content.

The document should describe as accurately as possible the powers that are temporarily transferred to the employee. In addition, it is possible to indicate the conditions and reasons on the basis of which the power of attorney was formed.

Recent changes in the legislative framework allow the process of delegation of authority in the absence of a seal on the power of attorney. Previously, such a condition was mandatory, and therefore the signing of a power of attorney could occur only if there was a seal. But the current legislation of Russia clearly spells out the conditions under which the presence of a seal (in a power of attorney for the right to sign documents) is a prerequisite. Only in case of strict compliance with the above requirements, the power of attorney will be valid.

Power of attorney form

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Termination: reasons

Death or incapacitation of a trustee.
The adoption by the top management of the company of a decision to terminate the authorized duties of a previously entrusted employee.
Refusal of the trustee to act as the face of the firm.
The inability of a previously trusted person to no longer fulfill previously assumed obligations. For example, disability, dismissal or death.

The extension of the power of attorney is possible only after the expiration of the previously drawn up document, by reissuing. Notarial confirmation of the document is required.

Conclusion: power of attorney for the right of the first and second signature

The right of the first signature in the company belongs directly to its general director, the right of the second signature - to the head of the accounting department of the company. For other persons, a power of attorney for the first or second signature may be provided separately, subject to compliance with all the requirements specified above.

For the CEO of the company

Such a document can be issued to an employee of the company who, on behalf of the management, will be authorized to make certain decisions.

When drawing up a power of attorney, the following information must be included:

Company name;
date of preparation of the document;
the time during which the document will be valid;
data on the person receiving the right to sign;
range of new powers.

At the end, the seal of the enterprise and the signature of the general director are put. If the power of attorney initially indicated the possibility of renewal, the term of the new document cannot be longer than the validity of the previous permit.

The right of the first or second signature can be received by several employees at once. For example, for the duration of a business trip, a power of attorney can be formed for the deputy general director of the company. Also, the right to a second signature may be obtained by the deputy chief accountant or a staff member of the accounting department.

A prerequisite for the transfer of the right of a second signature is that the authorized person has an economic education, as well as a clear knowledge of the legislative framework in force in Russia. The right of the second and the first signature cannot be held by one employee.

For the head of the accounting department

All the same details are required as for the power of attorney for the director.

However, there are certain requirements that must be met.

In particular, only an employee who is familiar with the current legislation and has an economic education can perform the duties of a chief accountant.

The trustee must be able to perform all the duties assigned to him. In the vast majority of cases, such a power of attorney is issued to an assistant to the head of the accounting department, in extreme cases, to an ordinary specialist in the accounting department.

If the head of the company refuses to assume responsibility for the management of the accounting department, he is obliged to transfer the right of the second and first signature to the persons directly appointed by him, but with the consent of the head of the accounting department. If the head of the firm refused to grant the chief accountant the right to sign a second signature, or could not agree with him on the list of persons vested with this right, this would be a violation of the current legislation of the Russian Federation.

If you are going to start a business with even the smallest investment, take the trouble to write a business plan, as this document will allow you to present the big picture of your business. and necessary items to be contained in the document.